Office of Personnel Management (OPM) Disability Retirement: Village Narrative

When was it lost?  Does it become fractured and irrelevant once a society grows too large, looms too complicated, decides to go off in different directions?

Once upon a time, villages had a specific narrative, identifiable, accepted, the mythology of its unique character.  If you came from Village-X, you knew the narrative — the story of your group, where you came from, what gods controlled the universe, who fought bravely, how you came about.  A stranger from another village had a different narrative; it was called Village-Y-narrative.  They had strange ways.

Perhaps there was trading between the two; sometimes, inter-marriage occurred and the complications of rearranging belief-systems to accommodate any differences had to be allowed for.

In today’s society, the village narrative has all but disappeared.  Not only has it disappeared — but even within the fractionalization, there are further micro-fractures, where no one can agree even upon the most fundamental of core beliefs.  That is when empathy disappears, replaced by laws and statutes to maintain some semblance of order and structure.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of one’s Federal or Postal job, the village narrative of working as a “team” with the Federal Agency or Postal Unit can no longer remain compatible.

Does the Agency show any empathy?  Or are they simply ignoring the problem?  Will you be placed on a PIP?  Will you be terminated?  Is the “village” out to banish and get rid of you?

Contact a Retirement Lawyer who specializes in OPM Disability Retirement Law.  It may be already time to find another “village”, inasmuch as the current village narrative no longer includes you.

Sincerely,

Robert R. McGill, Lawyer

 

Federal OPM Disability Retirement Law under FERS: Humming Along

Or, perhaps a person who is “whistling along”; either way, it is an indication of contentment.  People don’t even seem to have the time to “hum along”, anymore.  One doesn’t do that on Social Media; there is never any time on Zoom; and when there is ever an encounter in a public place, everyone is too busy and in a rush to be “humming along”.

And so the phrase is left as a metaphorical anomaly — of a life in contented fashion, a sense of self-satisfaction which is rarely seen these days.  It was perhaps also a concept applied to a well-oiled engine — of a vehicle “humming along”, indicating that all mechanical elements were working properly, and there was no fear of a sudden breakdown.

We can “hum along” in life; where things are going fairly smoothly; there is a sense of contentment, and even moments of “happiness” as a byproduct of our accomplishments.  Medical conditions, of course, can disrupt that characterization; it is an unfortunate but very human element which impacts everyone’s life.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition is interrupting and impeding the “humming along” scenario, contact an OPM Medical Attorney who specializes in FERS Disability Retirement Law.

Humming along is a state of being; a medical condition can interfere with that sense of contentment; and where the collision occurs between one’s ability and capacity to continue in one’s Federal or Postal career, it may be time to consider preparing, formulating and filing an effective Federal Disability Retirement application under FERS.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Disability Retirement for Federal Employees: Stuck in Another Time

We live for a time — perhaps as a child, or sometime in our youth — then move on.  Later, perhaps someone refers to the city, town or county of those prior years, or you see a photograph of the place; what do we recall?

The memory of a prior experience, a place we once visited, a house we grew up in; despite the years which ensue, the knowledge that change occurs daily, and the realization that nothing ever stays the same: Yet, we remain stuck in another time.  We go through life saying things like, “Oh, I should take you back there — it is such a quiet and peaceful place!”  Or: “When I was growing up…”.

It is like going back to a reunion of sorts — likely, nostalgia for places once existed, results in disappointment, precisely because one’s memory, stuck in another time, never meets up to the expectation of perfection abstracted from an imperfect world.

Medical conditions have somewhat of a similar effect.  We tend to walk about with the image of youth — of that vibrant, fearless individual who once walked this earth.  Perhaps you once jumped out of planes in the military; or lifted weights, trekked through the woods for miles on end; ran, jumped, did marathons and always maintained your “fitness”.

Then, a medical condition hits.  It becomes chronic.  It progressively debilitates.  Still, stuck in another time, what is one to do?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, consider filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management.

For, being stuck in another time does not mean that you should remain in a place which is no longer compatible with the current conditions you face.

Sincerely,

Robert R. McGill, Esquire

 

Postal & Federal Employee Disability Retirement from the OPM: Knowing the Issues

Without that knowledge, you are going into the arena of legal battle in a blind state, at a disadvantage, and with a high susceptibility of being defeated.  Not knowing what the issues are is like engaging in a frontal assault without having first scouted the position of the enemy — their strength; the terrain; the weapons they possess; their numbers; what fortifications they have established, etc.

You can take a shotgun approach — of guessing at what potential issues may arise — and address them with generalizations and attempted musings of preemptive arguments, but if you don’t know what the issues are, how will you specifically address them, even in a prefatory manner?

In preparing a Federal Disability Retirement application under FERS, it is important to not only know what the issues are, but to address them in a preemptive way by citing the case-laws which apply.  Each OPM Disability Retirement case has general case-law citations which are always applicable — Bracey v. OPM, for instance.  But then there are specific case-law citations which should be tailored to the unique circumstances of your individual case.

That is why consulting and hiring an effective OPM Disability Lawyer who specializes in FERS Disability Retirement Law is important — so that you do not engage OPM blindly, but with a full view of what you are facing, the issues which need to be addressed, and the confidence that you have given yourself the best chance at success.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement Benefits: Sacrifices

We all make them; well, perhaps there are some few in the world who never do, and it certainly reflects upon them quite noticeably.  People who don’t sacrifice their own personal interests, at some point in their lives, have a tendency towards selfish behavior, self-centered egotism and a callous disregard for others.  They lack empathy — a quality which is valued in most societies.

During this time of global illnesses and a pandemic which has wreaked havoc upon the livelihoods of countless individuals and businesses, the sacrifices which have endured are innumerable.  Social isolation; being prevented from operating one’s business; of complying with a state’s mandate in a “lock-down” mode; of living amidst fear of an invisible enemy of uncertain mutational capabilities; these, and so much more, have been testing the mettle and extent of sacrifices and the willingness of a society to endure such calls for society’s greater good.

For Federal and Postal employees who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, “sacrifices” is a familiar term.

It is nothing new for the Federal or Postal employee who suffers from a medical condition to sacrifice one’s health in the name of, and for the sake of, furthering the “mission” of the Federal Agency or the Postal Service.  But at some point, one must look after one’s own health and self-interest, and preparing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management, becomes a necessity.

Consult with an Attorney who specializes in Federal Disability Retirement Law today, and see what sacrifices may still have to be made before you can medically retire.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Silent Suffering

It is now an outdated concept; applied to generations past, “silent suffering” was something people once endured, often within the context of internal turmoil, domestic abuse, childhood neglect or, worse, of skeletons in the closet that haunted a damaged psyche and repressed within layers upon layers of hurt and hatred.

In modernity, people have been encouraged to express themselves, to engage in therapeutic self-revelations, etc.  To remain “silent” is deemed unhealthy; to “suffer”, unnecessary; and thus to combine the two evils and to live in “silent suffering” is to unhealthily and unnecessarily inflict damage to one’s self.

Yet, that is precisely what many Federal and Postal employees under FERS do — of engaging in silent suffering by continuing to work despite a chronic medical condition which prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job.

Such silent suffering further damages one’s case for a Federal Disability Retirement annuity by continuing to make it “appear” as if everything is fine, including receiving glowing performance reviews, leading the U.S. Office of Personnel Management to conclude: Well, if your agency believes you are doing a fine job, then how can you claim that you cannot do your job?

Consult with a Federal Disability Attorney who specializes in FERS Disability Retirement Law, and consider whether — even in modernity — you should still continue to engage in that old way of silent suffering.

Sincerely,

Robert R. McGill, Esquire

 

Medical Retirement for Federal Government Employees: Lying

It is a peculiarly human endeavor, not known to be prevalent — if in existence, at all — in other species of the animal kingdom.  Shakespeare references it often; criminal behavior is detected within the web of it; and in everyday life, half of the population in courtrooms across the world engage in it; or, is that fair?  Can it be that there are “differing perspectives” or “alternative truths” (the lexicon of modernity)?

For instance, when an eye witness to an event swears under penalty of perjury that “I saw X stab Y” when, in a closed-circuit video replay, it clearly shows that it was Y who stabbed X — is the “eye witness” lying?  Is being mistaken the same as lying?  Or is it good enough that the prefatory qualifier of “I saw” enough to justify the mistaken encapsulation of an event having occurred?

Does intention matter?  Does it make a difference if, prior to making the statement under oath, revenge was a factor in one’s motive?  What if the eye-witness said to her/himself prior to taking the stand, “I’ll get X back for being mean to me by testifying that he stabbed Y first before getting stabbed himself”?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is often the case that — unfortunately — lying abounds when it comes to others in the agency filling out the Agency’s portion of a Federal Disability Retirement application.  Whether in stating that the Agency tried everything they could do in their power to “accommodate” a person — when the truth is, they did nothing and didn’t care to do anything — it is unfortunately a pervasive fact of life in the kingdom of man.

We are a species with a proclivity for lying, and the best we can do is to counter our own proclivities by trying to present the truth in as strong a light as possible.

Sincerely,

Robert R. McGill, Esquire

 

Federal & Postal Disability Retirement: Proof of a Case

The standard itself is a criteria of inherent subjectivity; and, as with everything in life, it is the power of persuasion that must be employed.

Yes, of course there are a set of minimal, foundational “basics” of proof which must be submitted: Medical documentation establishing a diagnosed medical condition; the “nexus” with one’s Federal or Postal job; but beyond, there are “negative” issues which must be “proven” — of performance which has been diminishing or deteriorating; of an “essential” element of the job that has been suffering (don’t forget that being able to come to work on a regular basis is in and of itself an “essential element”, as well); of the fact that your Federal Agency or Postal facility is unable to “accommodate” your symptoms or the disability from which you suffer; and all of this to be proven by a “preponderance of the evidence”, which can vary in spectrums of subjectivity that must be taken into account.

For the Federal or Postal employee who is considering filing for Federal Disability Retirement benefits under FERS, the proof of the case is many and varied, and you should consult with an attorney who specializes in Federal Disability Retirement Law, lest the proof of the case falls short of what it takes to meet the eligibility criteria of a Federal Disability Retirement case.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Retirement: The Lighter Moments

It might just be a certain look given upon a misinterpreted statement; of what a child does before the perfidies of society begins to corrupt them; or just a burst of laughter upon an innocent comment meant to uplift from a serious incident.  Whatever the circumstances, it is the “lighter moment” which often makes it all worthwhile, and allows for the difficulties of the context to remain endurable.

Life is hard enough: Of paying bills; of worrying about the future; of what will become of our children, our aging parents, and even of our very own future.  It is as if we walk around with scowls etched upon our faces, not out of free will or choice, but because the difficulties themselves force it upon us.  Then comes a lighter moment — a comment, a misstatement, an unintended act or spoken word which brings a smile upon an otherwise stern and impassive face.

We live for those moments.  It is the pause between the serious content, the period before the next sentence and the break until the following chapter.  But when even the lighter moments fail to curl the lips upward and the old joke no longer triggers a burst of laughter, then it becomes clear that life has become too serious even for the grumps who seemingly never enjoy life.  Medical conditions can do that to a person — of draining life out of every last bit of goodness such that even the lighter moments no longer are lighter, but remain as heavy as the thousand-pound metaphor that weighs us down.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, the struggle of juggling work, health, family and livelihood can be so out of balance that disability retirement under FERS must be considered.

Consult with an attorney who specializes in Federal Disability Retirement Law and see what your options are, and whether Federal Disability Retirement may be a viable course to pursue, lest the lighter moment in your life may forever become extinguished into a cavern of darkness where the light of hope may never again shine.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: Choices and Regrets

The two go hand-in-hand, although we may not necessarily see them as unalterable couplets forever ensconced and inseparable. Instead, we often make choices, then afterwards, express our regrets without having learned from the process of “choice-making”.

Choices available are often unanalyzed and nebulous; left to appear, remain inert and ignored; the “active” part of a “choice” is when we engage in the act of “choice-making” — of engaging our minds with an inactive but available “something” — a choice there, but lifeless until the activation of our choosing invigorates the inertia of indecision.

Regrets, on the other hand, are comprised by the dust of past choices made. Once settled, they remain in the hidden caverns of forgotten memories until, one day or hour, or moment of quietude when we have the time to reflect back, the unsettling of the dust collected is stirred and rises from the ashes, like the mythological Phoenix that appears with wings spread and ready for flight into our imagination and stabbing at the vulnerabilities of our inner soul.

We regret that which we have chosen; and like the past that haunts, such regrets are ever so painful when once we recall the choices available and the ones we made.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job and position, the next steps taken — of choices being made in whether and how to file for Federal Disability Retirement benefits — are important in determining whether regrets will follow.

Consult with an attorney who specializes in Federal Disability Retirement Law, lest the choices to be made will result in regrets later recalled; for in the end, it is the choices that determine the future course of success, and not the regrets that harken back the past of lost opportunities.

Sincerely,

Robert R. McGill, Esquire